Article 124, III of the so-called “PACTE” Law enshrines the disappearance of the statute of limitations for revocation actions concerning industrial property titles. It was intended to put an end to the previous case law, which was thus disproved, applying the five-year limitation period of Article 2224 of the Civil Code to these actions, notably…
Historically, China promulgated its first patent law in the 1980s, the result of its reopening and affiliation to the WIPO, which led to the country’s joining important multilateral agreements, such as the Paris Union Convention for the Protection of Industrial Property (1984) and the TRIPS Agreement (2001). This patent law entered into force in 1985…
The Unified Patent Court will lead to a concentration of forces in the European patent litigation sector. That is the expectation of Richard Ebbink, partner at Brinkhof, and Georg Rauh, partner at Vossius. In September, their firms announced they would start cooperating in a new brand, Vossius and Brinkhof UPC Litigators. Kluwer IP Law interviewed…
The preparations for the start of the Unitary Patent and the Unified Patent Court have gained momentum. In the upcoming week a high-profile conference on the UP system will be held in Brussels and a mock UPC trial in Paris. The conference, jointly organised by the Belgian government, the EPO and the European Commission, will…
Innovation in healthcare of all types is on the rise in Brazil. As this article will show, large investments have been made and are continuing to be made across all parts of the sector. With continuing investment, it is more important than ever that all those involved give active consideration to intellectual property rights and…
Six months after ILOAT judgment No. 4551, ruling that measures restricting mass emails at the European Patent Office were contrary to the freedom of communication and must be set aside, the EPO management has failed to execute the judgment and has tried to restrict mass emails in other ways. The Central Staff Committee (CSC) of…
The claimed methods of filtering, highlighting, and selecting portions of maps or other visual information for display had long been done by hand, and the claims failed to describe specific technological improvements making them patent-eligible. Two IBM software patents related to graphical display technology were invalid for claiming ineligible subject matter under 35 U.S.C. §…
In an appeal of a PI decision, the Danish Eastern High Court has ruled to uphold the dismissal of Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris, based on the European patent application 2 959 894. In its decision, the Court firmly stated that a preliminary injunction can only be issued based…
October 19, 2022 was a special day. It was the first day when the UPC website finally announced the names of the UPC’s first 85 judges. JuVe’s journalists quickly did their homework and provided further information on the origin and previous careers of these judges here. The overall picture is that the UPC recruiters obviously…
Mr Klaus Grabinski from Germany, as President of the Court of Appeal, and Ms Florence Butin from France, as President of the Court of First Instance, will lead the Unified Patent Court. This has been announced by the Court. ‘The Presidium will completed by two judges from the Court of Appeal: Ms Rian Kalden (NL)…
